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1 PROTECT WENONAH: DO THE RIGHT THING v. COMBINED PLANNING/ZONING BOARD OF ADJUSTMENT OF THE BOROUGH OF WENONAH -- rank: 1000

... an approved age-restricted project to a non-restricted development. N.J.S.A. 45:22A-46.11. Consistent with its findings, however, the Legislature authorized local boards ... New Jersey." Ibid. In pertinent part and with emphasis added, N.J.S.A. 45:22A-46.11 states: An application for approval to change a development from ... adversely affect[ing] the real estate market in New Jersey." N.J.S.A. 45:22A-46.11. The terms of the grant of authority provide only one ... the statutory scheme suggests that the Board should look beyond N.J.S.A. 45:22A-46.11 in determining whether to extend the time period for submission ... to adversely affect the real estate market in New Jersey ( N.J.S.A. 45:22A-46.11). Therefore, the Board will have to make a determination based ... upon the Applicant as to the burden of proof regarding N.J.S.A. 45:22A-46.11, have been met. In particular, Mr. Kernan pointed out ...

docket:	a5375-12
court:	NJ Superior Court Appellate Division
decided:	2014-06-25
status:	unpublished
citation:
Document Size:	36080